Wisconsin Statutes
Wis. Stat. § 86.073 (2026)
Review of denial of permit
✓ current as of July 2026
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86.073(1)(1) If a district office of the department denies a request for a permit under s. 86.07 (2) (a) to construct an entrance to a state trunk highway from abutting premises or revokes a permit issued under s. 86.07 (2) (a), the department shall, upon written request by the applicant within 30 days after the denial, review the decision of the district office.
86.073(2)(2) After review, the department may reverse, confirm or modify the decision of the district office.
86.073(3)(3) If the department confirms or modifies the decision of the district office, the department shall notify the applicant of the action and the grounds for the action and shall also notify the applicant of a right to a hearing before the division of hearings and appeals. Upon written request by the applicant within 30 days after the notice is mailed to the applicant, the division of hearings and appeals shall schedule a hearing to be held within 60 days after receipt of the request.
86.073 AnnotationIf the Department of Transportation (DOT) confirms a district office’s decision to revoke a permit under sub. (3), DOT must “notify the applicant of a right to hearing before the division of hearings and appeals.” This language, while not explicit, very clearly implies a right to revoke driveway permits and the only reasonable reading of the relevant statutes is that they allow DOT to revoke a driveway permit. J & E Investments LLC v. Division of Hearings and Appeals, 2013 WI App 90, 349 Wis. 2d 497, 835 N.W.2d 271, 12-2081.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2013–2023 · leading case: DEKK Prop. Dev., LLC v. Wisconsin Dep't of Transp., 2023 WI 30 (Wis. 2023).
DEKK Prop. Dev., LLC v. Wisconsin Dep't of Transp., 2023 WI 30 (Wis. 2023). “Wis. Stat. § 86.073 (3); Wis. Stat. § 227.”
J & E Investments LLC v. Div. of Hearings & Appeals, 2013 WI App 90 (Wis. Ct. App. 2013). “Moreover, the Division notes in its brief that it has presided *507 over less than a dozen driveway-related appeals in the past decade, and does not list any decisions where the DOT's statutory authority to revoke a permit was challenged.”
— Wis. Stat. § 86.073(3) — 1 case
J & E Investments LLC v. Div. of Hearings & Appeals, 2013 WI App 90 (Wis. Ct. App. 2013). “Moreover, the Division notes in its brief that it has presided *507 over less than a dozen driveway-related appeals in the past decade, and does not list any decisions where the DOT's statutory authority to revoke a permit was challenged.”
— Wis. Stat. § 86.073(l) — 1 case
J & E Investments LLC v. Div. of Hearings & Appeals, 2013 WI App 90 (Wis. Ct. App. 2013). “Moreover, the Division notes in its brief that it has presided *507 over less than a dozen driveway-related appeals in the past decade, and does not list any decisions where the DOT's statutory authority to revoke a permit was challenged.”
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